Marketplace Seller Addendum
APEX Coach AI, Inc. · Version 1.0 · Last Updated: October 2026
This Seller Addendum is part of the APEX Customer Terms. It applies to any coach, trainer or Organization that sells Programs on the APEX Marketplace (the “Seller”). The Seller accepts it when it turns on selling.
Capitalized words not defined here have the meaning given in the Terms of Service (the “Terms”) or the Customer Terms. Section 8.D of the Terms explains the Marketplace to Buyers. If this Addendum conflicts with the Customer Terms on a Marketplace matter, this Addendum controls.
1. Getting started
- To sell, the Seller needs an APEX coach account, a listing APEX has approved, and a Stripe account connected to APEX. The Seller accepts Stripe’s terms for that account.
- The Seller must be at least 18. A Seller acting for a business confirms it is authorized to bind that business.
2. Fees, payouts and taxes
- Platform fee. APEX charges the platform fee set in the Seller’s agreement with APEX or shown in the Seller’s dashboard. It is deducted automatically when each payment is processed.
- Stripe fees and payouts. Stripe’s processing fees are charged to the Seller’s Stripe account. Stripe pays the Seller on the schedule set in that account. APEX doesn’t hold Sellers’ funds.
- Fee changes. APEX may change the platform fee with at least 30 days’ notice. A change applies only to sales made after it takes effect.
- Taxes.
- The Seller is responsible for taxes on its sales and income.
- Where the law requires APEX to collect sales tax on Marketplace sales, APEX may do so and show the tax at checkout.
- Stripe may issue tax forms, such as Form 1099-K, to the Seller.
3. Listings and delivery
The Seller agrees to:
- Own, or have the rights to, everything in its Programs and listings.
- Describe each Program accurately, including length, schedule, level, equipment and who it is for, and deliver what the listing advertises.
- Keep subscription Programs current on the schedule the listing describes.
- Answer Buyers’ questions within a reasonable time, generally three business days.
- Represent its qualifications and experience truthfully.
- Not promise or guarantee results. Testimonials must reflect real customers’ honest experiences. Disclose any connection with the person giving one.
- Not claim a Program diagnoses, treats or prevents injury or illness, and not provide medical or rehabilitation care through the Marketplace unless licensed to do so.
- Not set individualized calorie or macro targets or meal plans unless qualified to under the law where the Buyer lives.
- Make every Program suitable for the ages and levels its listing describes, and contact Buyers under 18 only through the app.
- Sell only through APEX checkout, and not change the subscription rules in Section 4.C of the Terms.
- Follow its employer’s or school’s rules on outside work, and not use any employer’s, school’s or team’s name or marks without permission.
- Show its refund policy on every listing, and comply with the law, including consumer protection, advertising and privacy law.
4. Refunds and chargebacks
- Minimum refunds. The Seller’s refund policy must at least refund a Buyer who doesn’t receive the Program the listing described. If a listing shows no policy, the default in Section 8.D of the Terms applies.
- Who pays. The Seller bears the cost of refunds and chargebacks, including Stripe dispute fees.
- Refunds by APEX. APEX may refund a Buyer on the Seller’s behalf when a Program wasn’t delivered as described, and may recover that amount from the Seller, including from future sales.
5. Waivers and the Seller’s own terms
A Seller may require Buyers to accept its own waiver or terms, which APEX shows at checkout. They can’t conflict with Section 8.D of the Terms or limit a Buyer’s rights under it.
6. Buyer information
- The Seller receives the information it needs to deliver the Program: each Buyer’s name and email, purchase details, the training data the Buyer logs in the Program, and the Buyer’s messages.
- The Seller may use that information only to deliver and support its Programs. It may also tell Buyers 18 or older about its own Programs unless they opt out.
- The Seller won’t sell Buyer information or share it for anyone else’s marketing, and is responsible for anything it copies out of APEX.
7. Leaving the Marketplace
- The Seller may stop selling at any time with at least 30 days’ notice to APEX and its Buyers.
- Active subscriptions end at the end of their current period and aren’t renewed.
- Buyers who bought outright keep access for the listed access period. If the Seller can’t provide it, the Seller gives a prorated refund.
8. Licenses
- The Seller keeps ownership of its Programs.
- License to APEX. The Seller grants APEX a non-exclusive, worldwide, royalty-free license to host, format, display and deliver its Programs and listings to Buyers, and to promote its listings. The license ends when a Program is removed, except for Buyers’ existing access under Section 7 and backup copies kept for a limited time.
- License to the Seller. APEX grants the Seller a limited, revocable license to display “Powered by APEX” and APEX’s logo on its listings.
9. Removal and suspension
APEX may remove a listing, pause sales or end a Seller’s Marketplace access if it reasonably believes a Program is unsafe, infringing or misleading, or that the Seller has broken this Addendum. Where practical, APEX gives notice and a chance to fix the problem first. Buyers’ access and refunds then follow Sections 4 and 7.
10. Buyers’ rights
Buyers may enforce the Seller’s obligations in Sections 3, 4 and 7 against the Seller.
11. Indemnity and relationship
- Indemnity. The Seller will defend and indemnify APEX against third-party claims arising from:
- its Programs and listings, including claims of injury;
- its dealings with Buyers;
- its taxes;
- its breach of this Addendum or the law.
- Relationship. The Seller is an independent business, not APEX’s employee, agent or partner.
12. Changes and disputes
- Changes. APEX may update this Addendum with at least 30 days’ notice. Changes apply to sales made after they take effect.
- Disputes. Section 11 of the Customer Terms applies to disputes between APEX and the Seller.